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Birkenstock Vs. The Law: Can Sandals Be Art?

Birkenstock sandals are an undisputed icon—embraced by counterculture movements, medical professionals, and fashionistas alike. But are they art? The German Federal Court of Justice doesn’t think so.

The Legal Battle Over Birkenstock’s Design

On February 20, Germany’s highest civil court ruled that Birkenstock’s signature sandals, while distinctive, do not qualify as art and are therefore not protected by copyright. The case, brought by the shoemaker against three competitors—including German retailer Tchibo—aimed to block the sale of similar wide-strapped, big-buckle sandals. Birkenstock claimed its designs were “copyright-protected works of applied art,” deserving of stronger intellectual property protection than ordinary consumer goods.

However, the court disagreed, concluding that functionality and craftsmanship outweighed artistic merit in this instance.

The Design Vs. Art Debate

Under German law, copyright protection extends 70 years after the creator’s death, while design protection lasts only 25 years from the product’s launch. With some of Birkenstock’s original designs dating back to the 1970s, many had already lost design protection. The company’s legal team sought to classify them as art, arguing their “iconic design” warranted extended copyright safeguards.

However, the court determined that products influenced by technical requirements and functional constraints do not meet the threshold for copyright protection. “For a work of applied art to be copyright-protected, it must reveal a distinct level of individuality beyond mere utility,” the ruling stated.

A Legacy Beyond The Courtroom

Birkenstock’s legal setback comes as the brand continues to expand its reach. Once a favorite among hippies and healthcare professionals, the brand experienced a pop culture renaissance following Margot Robbie’s pink Birkenstock cameo in the 2023 blockbuster Barbie.

Founded in 1774 and run by the Birkenstock family for six generations, the company transitioned to new ownership in 2021 when U.S. private equity firm L Catterton—backed by French billionaire Bernard Arnault’s luxury empire LVMH—acquired a majority stake. Birkenstock went public in 2023, cementing its status as both a heritage brand and a lucrative fashion player.

While Birkenstock’s sandals may not be art in the eyes of the law, their enduring cultural impact is undeniable. Whether they remain a symbol of comfort or a statement of style, their place in fashion history is already secured.

EU Moderates Emissions While Sustaining Economic Momentum

The European Union witnessed a modest decline in greenhouse gas emissions in the second quarter of 2025, as reported by Eurostat. Emissions across the EU registered at 772 million tonnes of CO₂-equivalents, marking a 0.4 percent reduction from 775 million tonnes in the same period of 2024. Concurrently, the EU’s gross domestic product rose by 1.3 percent, reinforcing the ongoing decoupling between economic growth and environmental impact.

Sector-By-Sector Performance

Within the broader statistics on emissions by economic activity, the energy sector—specifically electricity, gas, steam, and air conditioning supply—experienced the most significant drop, declining by 2.9 percent. In comparison, the manufacturing sector and transportation and storage both achieved a 0.4 percent reduction. However, household emissions bucked the trend, increasing by 1.0 percent over the same period.

National Highlights And Notable Exceptions

Among EU member states, 12 reported a reduction in emissions, while 14 saw increases, and Estonia’s figures remained static. Notably, Slovenia, the Netherlands, and Finland recorded the most pronounced declines at 8.6 percent, 5.9 percent, and 4.2 percent respectively. Of the 12 countries reducing emissions, three—Finland, Germany, and Luxembourg—also experienced a contraction in GDP growth.

Dual Achievement: Environmental And Economic Goals

In an encouraging development, nine member states, including Cyprus, managed to lower their emissions while maintaining economic expansion. This dual achievement—reducing environmental impact while fostering economic activity—is a trend that has increasingly influenced EU climate policies. Other nations that successfully balanced these outcomes include Austria, Denmark, France, Italy, the Netherlands, Romania, Slovenia, and Sweden.

Conclusion

As the EU continues to navigate its climate commitments, these quarterly insights underscore a gradual yet significant shift toward balancing emissions reductions with robust economic growth. The evolving landscape highlights the critical need for sustainable strategies that not only mitigate environmental risks but also invigorate economic resilience.

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